Can I sell a C&R pistol to a C&R holder

Before you guys roast me for not reading all the stickys, I did.
All the questions dance around this and I cant seem to find a definitive answer.
Can I, a none holder of any type of firearm license, sell my C&R pistol directly to a C&R holder? Very simple yes or no. Thank you.

Not in state. My understanding is yes, out of state. You need to provide him with your DL information.

Not a simple question..

If both of you are Md residents , you must do the usual 77R procedures .

If the C&R Holder is Not in Md :

1. If repressive gun laws in the other state , the buy must do whatever required by his State.

2. If no repressive gun laws in buyer's state , then Yes , you may directly sell the C&R eligible gun to the C&R holding buyer .

Out of state you can sell to a c&r holder. He will want your name and address for his bound book.

In state you must do the additional state waiting period even though the buyer has a federal firearms license.

What if two Maryland resident C&R holders meet out of state, perhaps at a gun show in PA or something like that, and one sells a C&R pistol to the other? I assume that’s a no-no?

Alphabrew said:

What if two Maryland resident C&R holders meet out of state, perhaps at a gun show in PA or something like that, and one sells a C&R pistol to the other? I assume that’s a no-no?

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Legal. MD law only applies within the confines of MD. Fed law says interstate transfers of firearms require a FFL. C&R FFL's are allowed to engage in interstate transfers for the purpose of building/maintaining their collection.

Correct. I've seen some on here who say that is a no-no but it is a yes-yes.

mopar92 said:

Legal. MD law only applies within the confines of MD. Fed law says interstate transfers of firearms require a FFL. C&R FFL's are allowed to engage in interstate transfers for the purpose of building/maintaining their collection.

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NOT LEGAL.

Combloc said:

Correct. I've seen some on here who say that is a no-no but it is a yes-yes.

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Wrong.

Can I sell a C&R pistol to a C&R holder

Don’t do this. You’re just begging for trouble. We’re talking about preserving your collection and your freedom. Those things aren’t worth some tomfoolery. And, when people hand out legal advice, it would be appreciated if legal citations and analysis are included so that people understand what’s being said.

A licensed collector must comply with not only federal law but also applicable state law. A Type 3 FFL allows a licensee to engage in activities that would otherwise be prohibited by the Gun Control Act of 1968 - specifically, (1) the acquisition of C or R firearms from any person who does not reside in the licensee’s state and (2) the disposition of C or R firearms to a person who resides in a different state under certain conditions. The key phrase here is “resides in a different state.” Further, it is not “interstate commerce” when two residents of the same state drive across their state’s border to engage in a transaction.

The BATFE’s regulations require a Type 3 FFL to comply with all applicable state laws.

27 C.F.R. §478.58 State or other law.

A license issued under this part confers no right or privilege to conduct business or activity contrary to State or other law. The holder of such a license is not by reason of the rights and privileges granted by that license immune from punishment for operating a firearm or ammunition business or activity in violation of the provisions of any State or other law. Similarly, compliance with the provisions of any State or other law affords no immunity under Federal law or regulations.

I am fairly certain that a Maryland court would take the position that two Maryland residents are subject to Maryland law regarding the manner and means by which its citizens may acquire and possess regulated firearms, regardless of where they are when they conduct their transaction. They have to come back into the state at some point - with that gun.

Now, even if one could successfully argue that Maryland Law has no effect in this situation, the law of the state in which the transaction takes place most certainly does. And, if that state’s law makes the activity illegal, then ...